Impact Fees

News & Analysis as of

Real Estate and Land Use - September 2015 #2

Use It or Lose It: San Clemente Required to Refund $10 Million in Unused Impact Fees: Walker v. City of San Clemente (August 28, 2015, G050552) - Why It Matters: In a strict reading of a local agency’s...more

Failure to Make Findings Specified in Mitigation Fee Act Requires Refund of All Unexpended Development Fees

The Fourth District Court of Appeal has upheld an order requiring refund of over $10 million in accumulated development impact fees because the City’s findings “were mere conclusions, not the specific findings required under...more

City Ordered to Refund $10.5 Million in Beach Parking Fees

On August 28, 2015, a California Court of Appeal affirmed the trial court's judgment against the City of San Clemente (City) ordering the City to refund approximately $10.5 million in unexpended development impact fees...more

N.C. Court of Appeals Denies Bid to Return Water/Sewer "Impact Fees"

Impact fees are defined, generally, as a charge on new development to pay for the construction or expansion of off-site capital improvements that are necessitated by and/or benefit the new development. Impact fees have been...more

Real Estate and Land Use - March 2015

Be Careful What You Agree To (City of San Marcos v. Loma San Marcos, LLC) - Why It matters: The Court of Appeal affirmed the trial court decision upholding an agreement between the City of San Marcos and a property owner...more

Pennsylvania Tax Developments - A Reed Smith Quarterly Update (February 24, 2014)

This is a brief update on recent Pennsylvania tax developments. It is intended to provide an overview of issues and cases to watch, as well as administrative and legislative developments....more

PUC Issues Proposed Rulemaking Order Introducing New Resolution Procedures for Impact Fee Disputes

The Pennsylvania Public Utility Commission (“PUC”) issued a proposed rulemaking order on October 17, 2013 implementing the unconventional gas well fee (“Impact Fee”) provisions of Act 13. In large measure, the proposed...more

The Shale Play Today - June 2013

In This Issue: - Yours, Mine or Ours? Morgan Clarifies Surface Versus Mineral Ownership in W. Va. - In Northwestern Pa., Gas Drilling Targets Utica - 2012 Pa. Impact Fees - Shale Oil & Gas Estimates...more

Marcellus Shale Impact Fee to Support Certain Projects for Governmental Entities, Councils of Government, Not-For-Profit Entities,...

The Commonwealth Financing Authority has begun accepting applications for five programs established by the Act 13 Marcellus Legacy Fund to support conservation projects and environmental protection measures. On...more

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